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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 237
CRM-M-60330-2024
Date of Decision: 04.08.2025 Ravail Singh alias Sonu
....Petitioner V/s State of Punjab
....Respondent
CORAM: HON’BLE MR. JUSTICE H.S.GREWAL Present: Mr.Anupam Bhanot, Advocate, for the petitioner.
Mr.Gautam Thapar, Sr. DAG, Punjab.
*****
H.S.GREWAL, J. (ORAL)
1.
This petition has been filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail in case bearing FIR No.232 dated 17.12.2022 under Sections 21(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Sadar Tarn Taran, District Tarn Taran.
2.
The case of the prosecution is that the petitioner was apprehended with 273 grams of Heroin in his conscious possession which falls under commercial quantity. The petitioner has been in custody since the last 02 years, 07 months, and 16 days.
3.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. He further submits that the alleged recovery was not made from the conscious possession of the petitioner. He further submits that Section 50 of the NDPS Act has not been complied with. The petitioner has been in custody since 17.12.2022.
4.
Learned State counsel has filed the custody certificate in the Court today, which is taken on record. As per the custody certificate, the petitioner has undergone an actual sentence of 02 years, 07 months and 16 POONAM RATHORE 2025.08.06 13:08 I attest to the accuracy and authenticity of this document High Court Chandigarh
CRM-M-60330-2024
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days as on 03.08.2025. He has also brought to the notice of this Court that the petitioner is involved in two more cases under the NDPS Act, however, it is submitted that in both the cases the petitioner has been acquitted of the charges. Learned counsel vehemently opposes the prayer for grant of regular bail to the petitioner.
5.
I have heard the learned counsel for the parties and perused the record.
6.
Keeping in view the facts and circumstances of the present case and the fact that the petitioner is in custody for the last 02 years, 07 months and 16 days, his continuous detention would not serve the ends of justice. Therefore, this Court deems it a fit case to grant the concession of regular bail to the petitioner during the pendency of the trial.
7.
Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing requisite bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate concerned.
8.
It is clarified that if on bail so granted through the instant order, the petitioner is found indulging in any other criminal case it shall be open to the State to seek cancellation of his bail.
9.
Pending applications, if any, shall also stand disposed of.
(H.S. GREWAL) JUDGE August 04, 2025 poonam
1. Whether speaking/reasoned? : Yes/No
2. Whether reportable?
: Yes/No POONAM RATHORE 2025.08.06 13:08 I attest to the accuracy and authenticity of this document High Court Chandigarh